Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Proposed Rules 32631

collections of information which require

the approval of the Office of

Management and Budget under 44

U.S.C. 3501, et seq.

VI. Statutory Basis

The amendment to Rule 3a12–8 is

being proposed pursuant to 15 U.S.C.

78a et seq., particularly sections 3(a)(12)

and 23(a), 15 U.S.C. 78c(a)(12) and

78w(a).

List of Subjects in 17 CFR Part 240

Reporting and recordkeeping

requirements, Securities.

Text of the Proposed Amendment

For the reasons set forth in the

preamble, the Commission is proposing

to amend part 240 of Chapter II, Title 17

of the Code of Federal Regulations as

follows:

PART 240—GENERAL RULES AND

REGULATIONS, SECURITIES

EXCHANGE ACT OF 1934

1. The authority citation for part 240

continues to read in part as follows:

Authority: 15 U.S.C. 77c, 77d, 77g, 77j,

77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt,

78c, 78d, 78f, 78i, 78j, 78j–1, 78k, 78k–1, 78l,

78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w,

78x, 78ll(d), 78mm, 79q, 79t, 80a–20, 80a–23,

80a–29, 80a–37, 80b–3, 80b–4 and 80b–11,

unless otherwise noted.

* * * * *

2. Section 240.3a12–8 is amended by

removing the word ‘‘or’’ at the end of

paragraph (a)(1)(xviii), removing the

‘‘period’’ at the end of paragraph

(a)(1)(xix) and adding ‘‘; or’’ in its place,

and adding paragraph (a)(1)(xx), to read

as follows:

§ 240.3a12–8 Exemption for designated

foreign government securities for purposes

of futures trading.

(a) * * *

(1) * * *

(xx) The Kingdom of Belgium.

* * * * *

By the Commission.

Dated: June 8, 1998.

Margaret H. McFarland,

Deputy Secretary.

Note: Appendix A to the Preamble will not

appear in the Code of Federal Regulations.

Appendix A—Regulatory Flexibility

Act Certification

I, Arthur Levitt, Jr., Chairman of the

Securities and Exchange Commission, hereby

certify, pursuant to 5 U.S.C. 605(b), that the

proposed amendment to Rule 3a12–8

(‘‘Rule’’) under the Securities Exchange Act

of 1934 (‘‘Exchange Act’’) set forth in

Securities Exchange Act Release No. 40077,

which would define the government debt

securities of the Kingdom of Belgium

(‘‘Belgium’’) as exempted securities under the

Exchange Act for the purpose of trading

futures on such securities, will not have a

significant economic impact on a substantial

number of small entities for the following

reasons. First, the proposed amendment

imposes no record-keeping or compliance

burden in itself and merely allows, in effect,

the marketing and trading in the United

States of futures contracts overlying the

government debt securities of Belgium.

Second, because futures contracts on the

nineteen countries whose debt obligations

are designated as ‘‘exempted securities’’

under the Rule, which already can be traded

and marketed in the U.S., still will be eligible

for trading under the proposed amendment,

the proposal will not affect any entity

currently engaged in trading such futures

contracts. Third, because those primarily

interested in trading such futures contracts

are large, institutional investors, neither the

availability nor the unavailability of these

futures products will have a significant

economic impact on a substantial number of

small entities, as that term is defined for

broker-dealers in 17 CFR 240.0–10.

Dated: June 4, 1998.

Arthur Levitt, Jr.,

Chairman.

[FR Doc. 98–15827 Filed 6–14–98; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 11

RIN 1076–AD76

Law and Order on Indian Reservations;

Correction

AGENCY: Bureau of Indian Affairs.

ACTION: Correction to proposed

regulations.

SUMMARY: This document contains

corrections to the proposed regulations

which were published Friday, July 5,

1996 (61 FR 35158) and corrections to

the proposed regulations which were

published Wednesday, February 26,

1997 (62 FR 8665) and Friday,

November 14, 1997 (62 FR 61057). The

proposed rule amends regulations

governing Courts of Indian Offenses.

DATES: Comments must be received on

or before July 15, 1998.

ADDRESSES: Comments are to be mailed

to Bettie Rushing, Office of Tribal

Services, Bureau of Indian Affairs, 1849

C Street, NW, MS 4641–MB,

Washington, DC 20240; or, hand

delivered to Room 4641 at the same

address.

FOR FURTHER INFORMATION CONTACT:

Bettie Rushing, Bureau of Indian Affairs

(202) 208–4400.

SUPPLEMENTARY INFORMATION:

Background

The proposed rule that is the subject

of these corrections supersedes 25 CFR

11.100(a) and affects those tribes that

have exercised their inherent

sovereignty by removing the names of

those tribes from the list of Courts of

Indian Offenses.

The Assistant Secretary-Indian

Affairs, or his designee, has received

law and order codes adopted by the

Absentee Shawnee Tribe of Indians, the

Cheyenne—Arapaho Tribe, the Citizen

Band of Potawatomi Indians, the Iowa

Tribe, the Kaw Tribe, the Kickapoo

Tribe, the Otoe-Missouri Tribe, and the

Pawnee Tribe, all of Oklahoma, the

Quechan Indian Tribe in Arizona and

California, and the Yomba Shoshone

Tribe in Nevada, in accordance with

their constitutions and by-laws and

approved by the appropriate bureau

official. The Assistant Secretary-Indian

Affairs recognizes that these courts were

established in accordance with the

tribe’s constitutions and by-laws.

Inclusion in § 11.100, Where are

Courts of Indian Offenses established?,

does not defeat the inherent sovereignty

of a tribe to establish tribal courts and

exercise jurisdiction under tribal law.

Tillett v. Lujan, 931 F.2d 636, 640 (10th

Cir. 1991) (CFR courts ‘‘retain some

characteristics of an agency of the

federal government’’ but they ‘‘also

function as tribal courts’’); Combrink v.

Allen, 20 Indian L. Rep. 6029, 6030 (Ct.

Ind. App., Tonkawa, Mar. 5, 1993) (CFR

court is a ‘‘federally administered tribal

court’’); Ponca Tribal Election Board v.

Snake, 17 Indian L. Rep. 6085, 6088 (Ct.

Ind. App., Ponca, Nov. 10, 1988) (‘‘The

Courts of Indian Offenses act as tribal

courts since they are exercising the

sovereign authority of the tribe for

which the court sits.’’). Such exercise of

inherent sovereignty and the

establishment of tribal courts shall

comply with the requirements in 25

CFR 11.100(c).

Need for Correction

As published, the proposed rule

contains errors which may prove to be

misleading and are in need of

clarification.
32632 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Proposed Rules

Correction of Publication

Accordingly, the publication on

November 14, 1997 of the corrections to

the proposed regulations, (62 FR 61057)

is further corrected as follows:

§ 11.100(a) [Corrected]

On page 61057 and 61058, §11.100 (a)

is corrected to read as follows:

§ 11.100 Where are Courts of Indian

Offenses established?

(a) Unless indicated otherwise in this

part, the regulations in this part apply

to the Indian country (as defined in 18

U.S.C. 1151) occupied by the following

tribes:

(1) Red Lake Band of Chippewa

Indians (Minnesota).

(2) Te-Moak Band of Western

Shoshone Indians (Nevada).

(3) Kootenai Tribe (Idaho).

(4) Shoalwater Bay Tribe

(Washington).

(5) Eastern Band of Cherokee Indians

(North Carolina).

(6) Ute Mountain Ute Tribe

(Colorado).

(7) Hoopa Valley Tribe, Yurok Tribe

and Coast Indian Community of

California (California jurisdiction

limited to special fishing regulations).

(8) Louisiana Area (includes

Coushatta and other tribes located in the

State of Louisiana which occupy Indian

country and which accept the

application of this part); Provided that

this part shall not apply to any

Louisiana tribe other than the Coushatta

Tribe until notice of such application

has been published in the Federal

Register.

(9) For the following tribes located in

the former Oklahoma Territory

(Oklahoma):

(i) Apache Tribe of Oklahoma.

(ii) Caddo Tribe of Oklahoma.

(iii) Comanche Tribe of Oklahoma

(Except Comanche Children’s Court).

(iv) Delaware Tribe of Western

Oklahoma.

(v) Fort Sill Apache Tribe of

Oklahoma.

(vi) Kiowa Tribe of Oklahoma.

(vii) Ponca Tribe of Oklahoma.

(viii) Tonkawa Tribe of Oklahoma.

(ix) Wichita and Affiliated Tribes of

Oklahoma.

(10) For the following tribes located in

the former Indian Territory (Oklahoma):

(i) Chickasaw Nation.

(ii) Choctaw Nation.

(iii) Thlopthlocco Tribal Town.

(iv) Seminole Nation.

(v) Eastern Shawnee Tribe.

(vi) Miami Tribe.

(vii) Modoc Tribe.

(viii) Ottawa Tribe.

(ix) Peoria Tribe.

(x) Quapaw Tribe.

(xi) Wyandotte Tribe.

(xii) Seneca-Cayuga Tribe.

(xiii) Osage Tribe.

* * * * *

Dated: June 4, 1998.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–15833 Filed 6–12–98; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[SPATS No. IN–128–FOR; Amendment No.

95–6]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; withdrawal of

proposed amendment.

SUMMARY: OSM is announcing the

withdrawal of a proposed amendment to

the Indiana regulatory program

(hereinafter the ‘‘Indiana program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment concerned revisions to the

Indiana rules pertaining to

identification of interests, compliance

information, and permit conditions.

Indiana is withdrawing the amendment

at its own initiative.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director,

Indianapolis Field Office, Telephone:

(317) 226–6700.

SUPPLEMENTARY INFORMATION: By letter

dated February 18, 1997 (Administrative

Record No. IND–1555), the Indiana

Department of Natural Resources (IDNR)

submitted a proposed amendment to its

program pursuant to SMCRA. Indiana

submitted the proposed amendment in

response to a letter dated May 11, 1989

(Administrative Record No. IND–0644),

that OSM sent to Indiana in accordance

with 30 CFR 732.17(c), and at its own

initiative. Indiana proposed to amend

the provisions of the Indiana

Administrative Code (IAC) concerning

identification of interests, compliance

information, and permit conditions for

surface and underground coal mining.

OSM announced receipt of the

proposed amendment in the March 13,

1997, Federal Register (62 IAC 11807)

and invited public comment on its

adequacy. The public comment period

ended April 14, 1997.

By letter dated June 24, 1997

(Administrative Record No. IND–1576),

OSM notified Indiana that the U.S.

Court of Appeals for the district of

Columbia Circuit invalidated the

language of the Federal regulations

upon which the proposed revisions

were based. On May 21, 1998

(Administrative Record No. IND–1610),

Indiana requested that the proposed

amendment be withdrawn. Indiana will

submit a revised version of the

amendment after OSM completes its

revisions to the Federal regulations

pertaining to ownership and control.

Therefore, the proposed amendment

announced in the March 13, 1997,

Federal Register is withdrawn.

List of Subjects in 30 CFR Part 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 5, 1998.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 98–15763 Filed 6–12–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 948

[WV–080–FOR]

West Virginia Permanent Regulatory

Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the West

Virginia permanent regulatory program

(hereinafter referred to as the West

Virginia program) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The amendment

consists of the revisions to the West

Virginia Surface Mining Reclamation

Regulations. The amendments are

intended to improve the operational

efficiency of the West Virginia program.

DATES: Written comments must be

received on or before 4:00 p.m. July 15,

1998. If requested, a public hearing on

the proposed amendments will be held

at 1:00 p.m. on July 10, 1998. Requests

to present oral testimony at the hearing

must be received on or before 4:00 p.m.

on June 30, 1998.